Terms of Service

Legal terms and conditions for using our services

Create beautiful, responsive applications with modern tools and best practices.

Last updated: September 16, 2025

Acceptance of Terms

Welcome to Genius Dynamics. These Terms of Service ("Terms") govern your access to and use of our website, products, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

Description of Services

Genius Dynamics provides technology solutions including software development, system integration, cloud hosting, and digital transformation services. Our services are designed to help businesses and organizations in Kenya and East Africa improve their operations through technology.

User Accounts

Account Creation

To access certain features of our Services, you may need to create an account. You agree to:

  • Provide accurate and complete information
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized use
  • Accept responsibility for all activities under your account

Account Termination

We reserve the right to suspend or terminate your account at any time for violations of these Terms or for other reasons we deem necessary to protect our Services or users.

Acceptable Use Policy

You agree not to use our Services to:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Transmit harmful or malicious code
  • Attempt to gain unauthorized access to our systems
  • Interfere with the proper functioning of our Services
  • Use the Services for any fraudulent or illegal purpose
  • Transmit spam or unsolicited communications

Intellectual Property

Our Content

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, and software, are owned by Genius Dynamics or our licensors and are protected by copyright, trademark, and other intellectual property laws.

Your Content

By uploading or submitting content to our Services, you grant us a non-exclusive, royalty-free license to use, display, and distribute your content solely for the purpose of providing our Services to you.

License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use our Services for your business purposes.

Payment Terms

Fees

Some of our Services require payment of fees. All fees are quoted in Kenyan Shillings and are exclusive of applicable taxes. You agree to pay all charges associated with your account.

Billing

We may bill you in advance on a recurring basis for subscription services. You authorize us to charge your payment method for all fees incurred.

Refunds

Refunds are provided at our discretion and in accordance with our refund policy. Custom development work and one-time services are generally non-refundable.

Data Protection and Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to our data practices as described in the Privacy Policy.

Service Availability

Uptime Guarantee

We strive to provide high availability for our Services but do not guarantee 100% uptime. We provide a 99.9% uptime guarantee for our cloud hosting services, subject to our Service Level Agreement.

Maintenance

We may perform scheduled maintenance that temporarily makes our Services unavailable. We will provide reasonable notice of planned maintenance.

Limitation of Liability

To the maximum extent permitted by law:

  • Our total liability for any claims arising from your use of our Services is limited to the amount you paid us in the 12 months preceding the claim
  • We are not liable for indirect, incidental, or consequential damages
  • We are not liable for loss of profits, data, or business opportunities
  • Our liability does not extend to third-party services or integrations

Indemnification

You agree to indemnify and hold harmless Genius Dynamics, our officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

  • Your use of our Services
  • Your violation of these Terms
  • Your infringement of any third-party rights
  • Any content you submit or transmit through our Services

Disclaimers

Our Services are provided "as is" without warranties of any kind. We disclaim all warranties, express or implied, including:

  • Merchantability and fitness for a particular purpose
  • Accuracy, reliability, or completeness of information
  • Non-infringement of third-party rights
  • Security or freedom from harmful components

Termination

Either party may terminate these Terms at any time. Upon termination:

  • Your right to use our Services ceases immediately
  • We may delete your account and data
  • Outstanding payment obligations remain due
  • Provisions that should survive termination will remain in effect

Governing Law

These Terms are governed by the laws of Kenya. Any disputes arising from these Terms or your use of our Services shall be resolved in the courts of Kenya.

Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

  • Posting the updated Terms on our website
  • Sending you an email notification
  • Providing an in-app notification

Your continued use of our Services after changes constitutes acceptance of the new Terms.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Genius Dynamics regarding your use of our Services.

Contact Information

If you have questions about these Terms, please contact us:

Genius Dynamics

Email: legal@geniusdynamics.com

Phone: +254 700 000 000

Address: Mombasa, Kenya

Legal Department: legal@geniusdynamics.com

These terms were last updated on September 16, 2025.